LAWS(ORI)-1986-1-37

HADIBANDHU MAHALIK AND 3 ORS. Vs. STATE

Decided On January 17, 1986
Hadibandhu Mahalik Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE four Appellants have been convicted under Section 302/34, Indian Penal Code (hereinafter referred to as the "Code") for having caused the death of deceased Balaram Jena and have been sentenced to undergo rigorous imprisonment for life. Appellant Upendra Jena has been further convicted under Section 325 of the Code for having caused grievous hurt to Kartika Jena and has been sentenced to undergo rigorous imprisonment for three years. He has also been convicted under Section 323 of the Code for having caused simple hurt to Purna (P.W. 6) and Rukmini (P.W. 7) and has been sentenced to undergo rigorous imprisonment for six months. Appellant Hadibandhu has been convicted under Section 323 of the Code for having caused hurt to Purna (P.W. 6) and Rukmini (P.W. 7) and has been sentenced to undergo rigorous imprisonment for six months. Appellant Budhiram has been convicted under Section 323 of the Code for having caused hurt to Prabhakar (P.W. 5) and has been sentenced to undergo rigorous imprisonment for six months. The sentences passed against each of the Appellants under different sections have been directed to run concurrently.

(2.) THE prosecution case, briefly stated, it as follows:

(3.) P .W. 3 is the doctor attached to Headquarters Hospital, Balasore, as the Medicine Specialist and he had conducted the post -mortem examination over the dead body of Balaram. On external examination, he noted the following injuries on the dead body of the deceased: